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Laid off after work injury in Florida

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  • #16
    Originally posted by turbowray View Post
    RobG, it has been strongly recommended that you get a WC attorney, and I have to restress this! GET AN ATTORNEY MONDAY!!! If no one else was laid off, I would have your lawyer check into that. Well, as you have been told, it looks way to fishy, and way to wrong, so please get the attorney Monday, you will need it, you can not fight this on your own! Good luck to you!

    THANK YOU TO ALL THAT HELPED ME, IT IS VERY MUCH APPRECIATED AND INFORMATIVE.

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    • #17
      Originally posted by Robg View Post
      THANK YOU TO ALL THAT HELPED ME, IT IS VERY MUCH APPRECIATED AND INFORMATIVE.
      Your welcome Robg, please keep us informed on how it goes, we like to hear the good news to, not just the bad.

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      • #18
        Robg, do yourself (and whatever attorney you go with) a favor and put down all the facts in chronological order.

        Detail when, where, date and time that the injury occured and who, by name, witnessed it.

        Explain why you did not seek immediate treatment and any and all comments made to you by your bosses and co-workers.

        Detail what happened to your knee after the date of injury, what happened to you at work following the injury. Did you ask for time off to go to a doctor? If you did, tell what happened when you asked for it. If you did not, explain why you did not ask for the time off.

        Tell what happened at the ER. If you have forms from the ER, include those.

        Get your W-2 from last year and your latest pay stub -- these will show your earnings that should form the basis for any lost time claim.

        Tell when you last worked and what happened after that with respect to working.

        And, finally, detail the circumstances of your lay-off or discharge.

        All of the above will be of interest to the attorney and save you time in getting a decision about whether or not the attorney will take your case.

        Good luck!
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #19
          No one seemed to mention the possibility of FMLA job protection here. It wouldn't necessarily save your job if the termination would have happened anyway, but the timing does seem somewhat suspicious.

          OP....
          1. Does this company have at least 50 employees at your job location or within a 75-mile radius of your job location?
          2. Have you worked there at least one year?
          3. In the 12 months immediately preceding the injury, did you work at least 1,250 hours?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #20
            I already have things written down with times, dates, etc, etc. I have worked there for over a year, well over 50 employees in a 75 mile radious and for the hours, I was contracted for 40 a week on a salary basis but was scheduled for 55+ so YES, well over 1250 hours.

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            • #21
              FMLA can run concurrent with WC. Have you spoken to HR about FMLA?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #22
                Originally posted by Pattymd View Post
                FMLA can run concurrent with WC. Have you spoken to HR about FMLA?
                NO, This all happened so quickly. I didn't think they could release me with being out on a injury so when this all happened on friday, it caught me off guard and i wasn't sure what i should do or where to go from there.

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